DECEIT, (continued). Defendant usually confesses action, 141. Pleas in abatement in, 192. Pleas in bar in, 245. Judgment in, 141, 340. DEDICATION of highway to the public, 360. (See title Way.) DEFAULT. Nature of in writs of entry, 88. First degree in the per, first feoffee, heir, &c. 89. Second degree in the per and cui, second feoffee, or person claiming immediately under the Third, and every subsequent degree in the post, 89. Persons in in the post. Grantees by the king's charter, 89. Successors, 89. Persons coming by act of law, (except heirs) 89. Quære recoveror in a common recovering and cestui que use, 89, 90. Quære also tenant in dower, 90. Estate acquired by wrong, makes no degree, 90. When the degrees are past, the tenant may again be brought within them, 90. Plea in bar of in replevin, 639. Replication of in trespass. (See title Trespass.) DEMANDANTS, who must be in real actions, 6. (See title Parties.) Have distinct moieties, 172. DEMAND. Words by which tenements may be demanded in real actions, 17. DEMI-MARK. When it must be tendered in writ of right, 217. (See title Count.) DEMISE, in EJECTMENT. Must be laid after title accrued, 548. By heir at law, 548. By posthumous son taking under stat. 10 and 11 W. 3, 548. After entry to avoid fine, 549. After will determined in case of tenant at will, 549. After demand of possession, where party has come in under negociation for purchase or By Mortgagee v. Mortgagor, whether after demand of possession, 549. By assignee of bankrupt, 509. (See that title.) By copyholder, 512. (See title Copyholds.) By corporation, semble need not be stated by deed, 549. If stated, need not be proved, 549, 550. By tithe owner, 550. By infant, need not state rent reserved, 550. By jointenants, coparceners, and tenants in common, 550. May be laid for longer term than lessor of plaintiff is entitled to, 550. Must be framed according to the legal interest of the lessors, 550. Therefore, joint demise by tenant for life and remainderman bad, 550. Proof of, 583. DEPARTURE IN DESPITE OF THE COURT, 283. DEPOSIT. How recovered, 401, 402, 403. (See title Assumpsit on Sale of Real Property.) DEPUTIES of sheriff to grant replevins, 623. DESCENT CAST. (See title Entry.) DETINUE. Of charters, pleaded in dower, 223. (See title Pleas in Bar.) When he may sue on covenants running with the land, 443. Evidence in, 590, 593. Cannot have trespass before entry, 663. DILAPIDATIONS. Action on the case for, 388. Not against curate, 388. Where repairs are specially provided for, 388. Proof of plaintiff's title and seisin, 388, 389. Separate actions for dilapidations to different parts of rectory, 389. DISCLAIMER. Writ of right of, 31. By tenant in writ of customs and services, 32. Plea of, 193. (See title Abatement.) Of tenant for life does not take away entry of reversioner, 195. By bishop in quare impedit, 223. Of estate by assignee, 451. By tenant, is a waiver of notice to quit, 526. 'Plea of in trespass, 689. DISCONTINUANCE. Definition of, 43. Must divest the estates, 45. Must be by tenant in tail in possession, 43. But feoffments by tenants in tail not in possession, are good during their lives, 45. By alienation in fee, 46. Feoffment, 46. Fine and recovery, 46. Alienations in fee not creating a discontinuance, 48. Bargain and sale, release, covenant to stand seised, 48. Of things which lie in grant, 47. Except at election, 48. By alienation for life or in tail, 48. Effect of grant of reversion after alienation for life of tenant in tail, 47. By alienation for life and subsequent conveyance of the reversion executed in the lifetime of The grantee of the reversion must be in by the tenant in tail, 49. The alienee must be seised of a fee simple, executed in the lifetime of tenant in tail, 50. By release or confirmation with warranty, 51. The releasor need not ever have been actually in possession, as in other cases of discon But the warranty must descend to the person claiming, 51. TAKEN AWAY IN CERTAIN CASES. Stat. 11 H. 7, as to discontinuances by wives, 52. Stat. 32 H. 8, as to discontinuances by husbands, 52. DISSEISIN. Definition of, 61. enabling tenants in tail to lease, 49. By whom it may be committed, 61. By what means, 61. Entry and ouster, 62. There must be a wrongful entry, 62. At election, 62. (See Addenda.) No disseisin of incorporeal hereditaments, but at election, 62. Effect of a disseisin, 63. Disseisor tenant to a stranger's præcipe, 63. Novel disseisin. (See title Assise.) Continuance in possession after claim a new disseisin, 86. Entry after, how to be made, 79. Dying seised of disseisor within five years, does not toll entry, 87. Effect of fine levied by disseisor, 498. WRIT OF ENTRY sur disseisin. In what cases it lies, 91. Concurrently with assise when, 91. By whom. Master of hospital, or bishop, 91. Nor voucher, 91, 263. Aid prayer lies, 91. And receit, 91. Damages in some cases recoverable, 91, 315. (See title Damages.) Costs also in some cases. (See title Costs.) Limitation fifty years on ancestor's seisin, thirty years on demandant's, 11, 92. DISTRESS in REAL ACTIONS. If defendant neglects to appear on the attachment, distringas issues, 154. Modern practice, 154, 152. Ancient practice. No mode of proceeding but by repeated distresses, 154. Except in writs of ward, waste, and quare impedit, in which plaintiff may have judgment Quare effect of stat. 57 G. 3, c. 101, in these cases, 155. On default after appearance, in lieu of a petit cape, 155. Plaintiff intitled to judgment after, 155. Form of, 155. Sheriff's return, 155. DISTURBANCE. In enjoyment of corporeal or incorporeal hereditaments. (See title Action on the Case for In presenting to a church, 100, 185. (See title Quare Impedit.) DITCHES and hedges, rule as to ownership of, 665. DIVISION of real actions. According to the nature of the thing to be recovered, 1. According to the several kinds of writ, 1. Droitural or possessory, 2. Table of real actions, 3. Election of remedy, 4. DIVORCE. Plea of in dower, 221. DONATIVE can only be a disturbance of, at election, 101, 104. Form of writ in quare impedit for, 17. DOUBLE RENT. (See title Debt.) Of wife of disseisor will prevent descent tolling entry, 82, 83. Tenant in, aliening with warranty, effect of, 94, 258. Tenant in, liable for waste at common law, 109. Not liable for accidental fire, 121. Tenant in, where she may have quod ei deforceat, 132. By assignment of, warranty created, 260. WRIT OF RIGHT of. Where it lies, 29. Process in, 30. Common essoign lies, ib. 158. View, 30, 248. Voucher aid prayer and receit, 30. Limitation of, 11. No damages and costs in, 309, 321. Unde nihil habet. Where it lies, 39. DOWER, (continued). Count in, 179. Pleas in abatement in, 193. Voucher in, 263. Jury process in and trial, 300. Damages in, 309. Judgment in, 331. Error in, 348. DUM FUIT NON COMPOS MENTIS, writ of. Quare whether a man can allege his own disability to avoid his grant, 92. DUM FUIT INFRA ÆTATEM, writ of, Lies for the infant after his full age, 93. And after his death for his heir, 93. The infant may enter, but cannot have this writ before full age, 93. Common, 487. May be recovered with the lands to which it is appendant, &c. 487. Tithes in lay hands, 487. Need not be claimed as appertaining to rectory, &c. 487. Quantity and kind should be stated, 487. Only tithes in kind, 487. Piscary, 488. Incorporeal hereditaments cannot be recovered, 488. Sufficient for defendant to shew title out of him, 488. Whether priority of possession is a sufficient title, 488. Whether twenty years adverse possession is a good title, 488, 489. Landlord need not prove his title, 489. Party allowed to recover on award, 490. Title of lessor of the plaintiff must be a legal one, 490. Use upon a use, 490. Does not extend to copyholds, 490. Nor to conveyances to uses of existing terms for years, 190. Devises in trust, when they give the legal estate, 490. General rule, 490. Devises in trust for married women, give the trustees the legal estate, 490. EJECTMENT, (continued). So in trust for payment of debts or doing other act, 490, 491. Same rule in deeds in trust to sell, 491, 492. But mere charge of debts will not give them the legal estate, 492. Duration of the trust, 492, 493. Presumption of conveyance, 493. Cases in which a conveyance has been presumed, 493, 494. Actual entry never necessary but in order to avoid a fine levied with proclamations, How the title of lessor of the plaintiff is barred. By discontinuance, 501. By descent cast, 501. By statute of limitations, 501. (See title Limitation.) TITLE OF PARTICULAR PERSONS. Assignees of bankrupts, 509. (See that title.) Assignees of reversions, 509. (See that title.) Conusee of statute merchant and staple, and tenant by elegit, 511. How the land is recovered after execution satisfied, 511, 512. (See Addenda.) Copyholder, 512. (See title Copyholds.) Coparcener, jointenant and tenant in common, 513. Corporation, 513. The king, 513. Overseers of the poor, 514. Devisee and legatee, 514. Grantee of rent charge, 514. Guardian, 514. Lunatic, 515. Landlord, 515 to 542. (See titles Lease, Notice to quit, and Forfeiture.) What instruments are leases, 516 to 528. What instruments are only agreements for leases, 518 to 522. What circumstances make a tenancy at will, or a lawful possession, so as to render it ne cessary to determine the will or demand the possession before bringing ejectment, 523, 524. Notice to quit, 525 to 533. Title on forfeiture, 533 to 542. Lord of a Manor, 542. (See title Forfeiture.) Mortgagee, 544. (See title Notice to quit.) Parson, not before induction, 544. Against his own lessee where lease void by stat. 13 Eliz. c. 20, 544. Against his predecessor's tenant from year to year, 545. Personal representative, 545. Tithe owner, 545. ANCIENT PRACTICE IN, AND WHEN NECESSARY. In inferior court, 545. On vacant possession, 546. But owner may enter without suit, 546. Cannot be maintained where any thing is left by tenant on premises, 546. Declaration and notice, 547. No third person let in to defend, 547. Moving for judgment, 547. Notice to tenant in possession in ejectment in inferior court, 547. Removed by habeas corpus or certiorari, 547. When removed, tenant may enter into consent rule, 547. Contempt to assign death of nominal plaintiff for error, 547. Warrant of attorney given by defendant in ejectment on vacant possession set aside, 548. Title of, 548. By original or by bill, 548. Venue local, 548. Demise, 538. (See that title.) |